Sentences with phrase «where federal appeals»

The blogger invited students to share figures on school representation in law firms» summer - associate programs (one finding: Columbia is the perennial winner in New York), as well as where federal appeals clerks went to school.

The court accepted a case from Texas, where a federal appeals court ruling that prohibited organized student prayers has caused turmoil at games this fall.

Not exact matches

The defense for former NSA contractor Reality Winner appealed a federal magistrate judge's decision, where 40 out of 41 subpoenas were rejected.

Makarfi and members of his team are currently at the Supreme Court, where they filed an appeal against the judgment of a Federal High Court, Port Harcourt, Rivers State, which affirmed Sheriff as the national chairman of the troubled party.

In the U.S., where flood insurance does not appeal to most commercial insurers, it is primarily provided by the federal government's National Flood Insurance Program, which has borrowed over $ 25 billion from the national Treasury to help pay its claims.

A federal appeals court has ruled that schools must use state law as a standard in serving handicapped students where its provisions exceed federal law.

In 2013, Mr. Schulz joined an Austin - based law firm, where he defended public schools in due process complaints, Office for Civil Rights complaints, TEA complaints, and appeals to federal court.

The primary appeal of these bonds is that the interest is generally exempt from federal income tax, as well as from state and local taxes if you live in the state where the bond was issued.

«Michigan's current RPS provisions regarding where renewable energy could be located were characterized as unconstitutional in a federal circuit court of appeals.»

However, industry members took this decision to court, where the Federal Court of Appeal upheld most of the Board's findings, but overturned the levy on the embedded memory saying:

The 11th U.S. Circuit Court of Appeals has squarely ruled, Judge Batten said, that where a copyright owner could not sustain an infringement action in federal court, then the would - be defendant in a potential coercive action can not bring an anticipatory declaratory judgement action.

The respondent then appealed to the Federal Court of Appeal, where the appeal was alAppeal, where the appeal was alappeal was allowed.

Therein, I wrote: «In my experience, some federal appellate judges will be more reluctant to recuse where the recusal is triggered by an amicus than if the same grounds for recusal involve a party to the appeal.»

Amy boasts impressive credentials, including participating in the WVU Immigration Law Clinic, where she assisted multiple clients in obtaining political asylum, and a successful appeal through the Seventh Federal Circuit Court of Appeals.

In sum, the Federal Court of Appeal's decision confirmed the integrity of solicitor - client privilege in cases where a person shares her lawyer's legal advice with commonly interested parties to a transaction.

It was during this time, that FDSDI developed into a distinguished and highly respected office, where attorneys were trained extensively in federal law and trial skills, and expected to aggressively represent clients from trial and through appeal.

The court then expressed general agreement with the Federal Court of Appeal's decision in the RCMP Complaints Commission case, although it broadened that court's characterization of the third category to include not just disqualification cases, but also, for example, cases where a regulator wished to impose conditions such as supervision or special reporting obligations on a registrant.

Because laws which are facially neutral may «unintentionally have a disproportionate or adverse effect on a group or individual» (at para 36), the Federal Court of Appeal proceeded, where the trial judge did not, to consider «whether the provisions of the ITA, while not directly discriminating on the basis of gender and family status, did so indirectly and unintentionally» (at para 36).

Instead, the Federal Circuit has now granted the motion, dismissed the appeal, and remanded the case to the Northern District of Illinois, where Apple and Google will get the whole case dismissed now.

Amy Bedell's practice focuses on commercial litigation and appeals, where she represents individuals and businesses in state and federal courts.

On this issue, the Federal Court of Appeal accepted that where privileged communications are shared on a confidential basis with a party with a sufficient common interest in the same transaction, privilege will not be waived.

Hopefully, any of the balanced scholarly looks will (a) acknowledge that these lethal injection cases in federal courts should be dealt with swiftly, as the Supreme Court has said that when stays in capital cases are issued, the issues need to be resolved expeditiously, (b) acknowledge that some of the legal reasoning in some of the cases lacks, e.g., Fogel's constitutionalization of the wattage of a light bulb or Frost's use of cases where a party has engaged in sharp dealings to analyze Ohio's «fault» in filing an interlocutory appeal and (c) examine whether the burden of proof has been subtly shifted from the prisoner to the state in these cases.

Mr. Cacace, who argued the appeal, added: «The Federal Circuit made it clear that the America Invents Act is not a one - way ticket to federal court for defendants who assert patent infringement counterclaims in an attempt to create federal jurisdiction where there iFederal Circuit made it clear that the America Invents Act is not a one - way ticket to federal court for defendants who assert patent infringement counterclaims in an attempt to create federal jurisdiction where there ifederal court for defendants who assert patent infringement counterclaims in an attempt to create federal jurisdiction where there ifederal jurisdiction where there is none.

Unfortunately, politics and government pressure led the federal government of the day to appeal to the Supreme Court where she and fellow appellate Yvonne Bedard lost on a 5 - 4 decision.

In Canada, the Federal Court of Appeal reviewed Amazon.com's «one - click» patent application (see 2011 FCA 328) and considered that a patent application where the single point of novelty was a new algorithm or mathematical formula was not patentable subject matter but did not foreclose the patenting of «business methods».

The appellate know - how of our group frequently takes us to other fora, where our skills in persuasive briefing and strong oral advocacy are equally applicable in different closed - record proceedings, such as administrative agency appeals (both state and federal), arbitration appeals, ERISA appeals, and bankruptcy appeals.

Lead counsel for Nartron on appeal, where the U.S. Court of Appeals for the Federal Circuit reversed a lower court and found for Nartron on Borg Indak «s challenge to inventorship.

As Chertoff, who after all was recently a federal appeals judge, knows quite well, no one should expect privacy in a restaurant or anywhere else where a fingerprint might be left.

We have not restricted our practice to the controlled, predictable confines of federal or arbitration practice, though we feel comfortable in the District Courts, Courts of Appeal, and foreign and domestic arbitral bodies where we litigate.

So far, only three published studies have analyzed the association between brief readability and case outcome, 50 and no studies have analyzed that association in the trial courts, where most lawyers practice.51 Long and Christensen sampled 882 appellate briefs from the Supreme Court, federal appellate courts, and state supreme courts.52 Their dependent variable was the outcome of the appeal (affirmed or reversed), while their independent variable was readability measured by the Flesch Reading Ease score as calculated by Microsoft Word.53 For federal appellate and state supreme court briefs, the researchers coded control variables for federal or state court, standard of review, presence of a dissenting opinion, and readability of the opinion deciding the appeal.54 For United States Supreme Court briefs, the researchers coded control variables for constitutional issue, criminal or civil case, presence of a dissenting opinion, and opinion readability.55 They found no statistically significant correlation between readability and outcome in the briefs in their study.56

Dennis is admitted to practice in the State of Illinois, the Federal District Court for the Northern District of Illinois, the Seventh Circuit Court of Appeals and the United States Supreme Court where his admission was sponsored by former Illinois Governor James R. Thompson.

Represented the United States Trade Representative (USTR) as respondent in a judicial review before the Federal Court of Appeal brought by the applicants to question the decision of the Canadian International Trade Tribunal in an antidumping and subsidy case where the tribunal held, in favour of the USTR, that there was no injury to the applicants.

Requiring federal appellate courts to hear appeals from orders issued in MDL proceedings where immediate review may materially advance the ultimate termination of the case.

On January 24, 2018, over a month after the court accepted Fantino's appeal notice, Paolone requested a case conference call with Madam prothonotary Aylen of the Federal Court of Canada — NOT the Federal Court of Appeal where Fantino had filed hisappeal notice, Paolone requested a case conference call with Madam prothonotary Aylen of the Federal Court of Canada — NOT the Federal Court of Appeal where Fantino had filed hisAppeal where Fantino had filed his case.

In cases where an application for a sponsorship, Canadian work permit or visas, refugee claim, or federal skilled worker is denied or refused or in the case where a deportation or removal from Canada is issued, an appeal or an Application for Judicial Review can be made to reverse the decision of the immigration authorities.

Prior to joining JMBM, Matthew worked for five years as an appellate attorney in the Environment & Natural Resources Division at the U.S. Department of Justice, where he represented federal agencies in the federal courts of appeals; for four years as an attorney at Paul Hastings, where he advised and represented corporate clients in environmental and real estate matters; for two years as a law clerk to the Honorable Consuelo M. Callahan on the U.S. Court of Appeals for the Ninth Circuit; and for two years as a supervising attorney and lecturer at the Stanford Law School Environmental Law Clinic, where he taught students the practice of law and represented grass - roots and national organizations in environmental litigation and policy mappeals; for four years as an attorney at Paul Hastings, where he advised and represented corporate clients in environmental and real estate matters; for two years as a law clerk to the Honorable Consuelo M. Callahan on the U.S. Court of Appeals for the Ninth Circuit; and for two years as a supervising attorney and lecturer at the Stanford Law School Environmental Law Clinic, where he taught students the practice of law and represented grass - roots and national organizations in environmental litigation and policy mAppeals for the Ninth Circuit; and for two years as a supervising attorney and lecturer at the Stanford Law School Environmental Law Clinic, where he taught students the practice of law and represented grass - roots and national organizations in environmental litigation and policy matters.

Brian has appeared before the Ontario Court of Appeal, Ontario Superior Court of Justice, Federal Court, Financial Services Commission of Ontario, and Canada Pension Plan Review Tribunal where he has won various cases for his clients.

Stratas cites the SCC's recent decision in Kanthasamy v. Canada (Citizenship and Immigration)(in which the court set aside the rejection of a humanitarian residency application) as a «baffling» case where the court flouted its own principle of «legislative supremacy» by ignoring Parliament's expressly stated intent that the Federal Court of Appeal should have the final say in the matter.

In 2013 the Federal Court of Appeal arguably reversed its course in earlier cases where high Promises had been found.

Significantly the Federal Court of Appeal emphasized: (1) only if an inventor makes «an explicit promise of a specific result, then utility will be assessed by reference to the terms of the explicit promise»; (2) as there is no obligation to disclose utility in a patent, one can not assume every patent has an explicit promise; and (3) where there is no explicit promise, a «mere scintilla» of utility will suffice.

Following our previous Slaw post, where we commented that the Federal Government decided to appeal the June 15 British Columbia Supreme Court ruling that struck down the Criminal Code ban on physician - assisted suicide, and seeking to stay all aspect of the decision, including the exemption order found in the ruling.

Thus, not only is a federal court sitting in diversity and applying D.C. law not bound by the Rules of Decision Act to follow the decisions of the D.C. Court of Appeals; there actually is something that seems untoward about an Article III court being bound by a non-Article III court's interpretation of federal law — even where that federal law is only of local applicability.

The three federal courts where he has litigated the most cases are the Second Circuit Court of Appeals, the D.C. Circuit Court of Appeals, and the Fourth Circuit Court of Appeals.

The defense for former NSA contractor Reality Winner appealed a federal magistrate judge's decision, where 40 out of 41 subpoenas were rejected.

On his blog, The Federal Criminal Appeals Blog, he writes about published opinions in criminal cases in the federal circuits where the defendanFederal Criminal Appeals Blog, he writes about published opinions in criminal cases in the federal circuits where the defendanfederal circuits where the defendant wins.

A pretty large volume of the entire U.S. Court of Appeals docket involves sentencing decisions where guilt is not disputed, and surely panel sentencing in cases with potentially long sentences would reduce that and might even be money saving for the federal judicial branch as a whole despite the extra effort invested at the trial court level, in addition to furthering justice by balancing out extreme stances.

Mr. Justice Nadon is currently a judge of the Federal Court of Appeal, where he has served since 2001.

In like manner, the Federal Court of Appeal had no trouble finding that both complainants were able to make out a prima facie case where alleged workplace discrimination existed on the prohibited ground of family status.

The Supreme Court of Canada eventually confirmed the federal government's right to provide maternity and parental benefits to workers under the federal Employment Insurance program, and overturned the 2004 ruling where in the Quebec Court of Appeal ruled that the federal government's special EI benefits program was unconstitutional.

They cited the Federal Court decision (leave to appeal to the Supreme Court denied) in Grant v. Canada (not to be confused with R. v. Grant) where the court concluded,